Family courts in West Virginia take domestic violence cases seriously. If you’re involved in a case with domestic violence, it’s important to understand how family courts address these situations. Courts prioritize the safety and well-being of everyone involved, especially children, and work to protect them while considering the best interests of the family.
Filing a family protective order in WV
The process starts when someone files for a family protective order to gain immediate protection from an abusive spouse or partner. In West Virginia, an individual can file for a protective order at their local circuit court or magistrate court. The court issues a temporary order, usually within 48 hours.
Shortly after, a full hearing takes place, where both parties present their evidence and testimony. Family courts use this information to decide whether to make the protective order permanent.
Impact of domestic violence on custody decisions
When domestic violence is part of a family court case, it can greatly affect child custody decisions. West Virginia family courts prioritize the safety of children. If evidence of domestic violence exists, the court may grant full custody to the non-abusive parent. They may limit or supervise visitation to protect the child.
If a case involves allegations of abuse, family courts often order assessments or counseling for the offending party and take other steps to prevent further harm to the child or other family member.
Enforcement and violations of protective orders
Family courts enforce protective orders strictly. If an abuser violates the order, the court can impose criminal penalties, including arrest and jail time. Those injured can return to court to request additional protection or a new order if the current one fails to keep them safe.
Family courts in West Virginia provide both legal protection and long-term safety solutions, helping families rebuild their lives.
